Common use of Future Environmental Attributes Clause in Contracts

Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law enacted after the Effective Date that do not relate to RPS Compliance or a Successor Program (such as a new third-party green credit associated with a new voluntary program). Buyer shall have the exclusive right to such Future Environmental Attributes and there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation. (b) Seller agrees to work with Buyer in good faith to provide reasonably requested documentation and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above; provided, that the Parties acknowledge and agree such terms shall not alter the other material terms of this Agreement.

Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.5(a), and Sections 3.5(b) and 3.12, in such as a new third-party green credit associated with a new voluntary program). Buyer shall have the exclusive right to such Future Environmental Attributes and there shall be no increase in the Contract Price; provided, howeverevent, Buyer shall bear all costs and risks associated with the transfer, qualification, verification, registration and verification ongoing compliance for such Future Environmental AttributesAttributes associated with the Product, but there shall be no increase in the Contract Price. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation. (b) Seller agrees If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.5(a), the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth aboveabove (in any event subject to Section 3.12); provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.6(a), and Sections 3.6(b) and 3.13, in such as a new third-party green credit event, Buyer shall bear all costs associated with a new voluntary program). Buyer shall have the exclusive right to transfer, qualification, verification, registration and ongoing compliance for such Future Environmental Attributes and Attributes, but there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s 's receipt of Notice from Buyer of Xxxxx’s 's intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation. (b) Seller agrees If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.6(a), the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth in Section 3.6(a) above; provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.5(a), and Sections 3.5(a) and 3.12, in such as a new third-party green credit associated with a new voluntary program). Buyer shall have the exclusive right to such Future Environmental Attributes and there shall be no increase in the Contract Price; provided, howeverevent, Buyer shall bear all costs and risks associated with the transfer, qualification, verification, registration and verification ongoing compliance for such Future Environmental Attributes, but there shall be no increase in the Contract Price. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liabilityliabilities, or alter the Facility or the operation of the Facility, unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation. (b) Seller agrees alteration. If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.5(a), the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth aboveabove (in any event subject to Section 3.12); provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. ‌ (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.6(a), and Sections 3.Section 3.6(b) and3.13,(b), in such as a new third-party green credit event, Buyer shall bear all costs associated with a new voluntary program). Buyer shall have the exclusive right to transfer, qualification, verification, registration and ongoing compliance for such Future Environmental Attributes and Attributes, but there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation. (b) Seller agrees If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.6(a), the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above; provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. ‌ (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.5(a), and Sections 3.5(b) and 3.12, in such as a new third-party green credit event, Buyer shall bear all costs associated with a new voluntary program). Buyer shall have the exclusive right to transfer, qualification, verification, registration and ongoing compliance for such Future Environmental Attributes and Attributes, but there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer Xxxxx has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation.alteration.‌ (b) Seller agrees If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.5(a), the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Future‌ Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above; provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.

Future Environmental Attributes. ‌ (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.5(a), and Sections 3.5(b) and 3.12, in such as a new third-party green credit event, Buyer shall bear all costs associated with a new voluntary program). Buyer shall have the exclusive right to transfer, qualification, verification, registration and ongoing compliance for such Future Environmental Attributes and Attributes, but there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer Xxxxx has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation.alteration.‌ (b) Seller agrees If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.5(a), the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above; provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.Agreement.‌

Future Environmental Attributes. (a) The Parties acknowledge and agree that as of the Effective Date, environmental attributes sold under this Agreement are restricted to the Environmental Green Attributes; however, Future Environmental Attributes may be created by a Governmental Authority though Requirements of Law through Laws enacted after the Effective Date that do not relate Date. Subject to RPS Compliance or a Successor Program (the final sentence of this Section 3.5(a), and Sections 3.5(b) and 3.12, in such as a new third-party green credit event, Buyer shall bear all costs associated with a new voluntary program). Buyer shall have the exclusive right to transfer, qualification, verification, registration and ongoing compliance for such Future Environmental Attributes and Attributes, but there shall be no increase in the Contract Price; provided, however, Buyer shall bear all costs and risks associated with the transfer, qualification, and verification for such Future Environmental Attributes. Upon Xxxxxx’s receipt of Notice from Buyer of Xxxxx’s intent to claim such Future Environmental Attributes, the Parties shall determine the necessary actions and additional costs associated with such Future Environmental Attributes. Seller shall have no obligation to bear any costs, losses or liability, or alter the Facility or the operation of the Facility, Facility unless the Parties have agreed on all necessary terms and conditions relating to such alteration or change in operation and Buyer has agreed to reimburse Seller for all costs, losses, and liabilities associated with such alteration or change in operation. (b) Seller agrees If Buyer elects to work with Buyer receive Future Environmental Attributes pursuant to Section 3.5, the Parties agree to negotiate in good faith with respect to provide reasonably requested documentation the development of further agreements and execute reasonable documentation necessary to effectuate the transfer and registration of such Future Environmental Attributes, including agreement with respect to (i) appropriate transfer, delivery and risk of loss mechanisms, and (ii) appropriate allocation of any additional costs to Buyer, as set forth above; provided, that the Parties acknowledge and agree that such terms shall are not intended to alter the other material terms of this Agreement.